How this case resolved it competition structure in OntServe
Engineer A Future Conditions Duty
prevails over
Engineer A Design Compliance Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Outdated Climate Design Standards
Engineer A Public Safety Duty Beyond Law
prevails over
Engineer A Design Compliance Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Outdated Climate Design Standards
What the board concluded
From the Board's conclusions in Case 21-2:
- Engineer A has an obligation to consider potential impacts on public health, safety, and welfare, regardless of whether that is required by applicable law, including changing weather patterns and climate.
- If Engineer A is reasonably certain that the project will result in adverse impacts to public health, safety, and welfare, and if the Client B denies the requisite evaluation, Engineer A should include the concern regarding potential adverse public health, safety, and welfare impacts in an engineering report for consideration by regulatory agencies and the public.
How comparable cases resolved this and related tensions
Read at the type level, this resolution is: Legal Obligation yields to Future Conditions Consideration Obligation. Comparison across cases happens at this level; the duty types recur while each case's obligations instantiate them. Cases below are grouped by how much of that pairing they share. A duty type that yields here may prevail elsewhere, which is the context-dependence itself, not an inconsistency.
Same tension: both duty types match, so the board ruled on this exact pairing. Related tension: only one duty type matches; the other duty differs, so these show how a type behaves elsewhere rather than a ruling on this pairing.
| Case | Prevailing type | Yielding type | Relation to this case |
|---|---|---|---|
| Related tension: one duty type matches (15) | |||
|
23-4
Acknowledging Errors in Design
|
Objectivity Obligation | Professional Accountability Obligation | The yielding type here prevails there |
|
97-13
Duty To Report Unrelated Information...
|
Faithful Agent Obligation | Safety Obligation | The prevailing type here yields there |
|
93-8
Use Of Broad Indemnification Clause For...
|
Professional Accountability Obligation | Legal Obligation | The yielding type here also yields there, to a different duty |
|
85-3
P.E. Requirement for County Surveyor Position
|
Competence Obligation | Legal Obligation | The yielding type here also yields there, to a different duty |
|
85-3
P.E. Requirement for County Surveyor Position
|
Ethical Conduct Obligation | Legal Obligation | The yielding type here also yields there, to a different duty |
|
85-4
Objectivity of Engineer Retained as Expert
|
Faithful Agent Obligation | Objectivity Obligation | The yielding type here also yields there, to a different duty |
|
24-1
Balancing Client Directives and Public...
|
Safety Obligation | Faithful Agent Obligation | The prevailing type here also prevails there, over a different duty |
|
76-4
Public Welfare - Knowledge of Information...
|
Safety Obligation | Faithful Agent Obligation | The prevailing type here also prevails there, over a different duty |
|
89-7
Duty To Report Safety Violations
|
Safety Obligation | Faithful Agent Obligation | The prevailing type here also prevails there, over a different duty |
|
89-7
Duty To Report Safety Violations
|
Safety Obligation | Confidentiality Obligation | The prevailing type here also prevails there, over a different duty |
|
18-9
Public Health and Safety—Building Codes to...
|
Safety Obligation | Proactive Risk Disclosure Obligation | The prevailing type here also prevails there, over a different duty |
|
18-9
Public Health and Safety—Building Codes to...
|
Safety Obligation | Safety Withdrawal and Notification Obligation | The prevailing type here also prevails there, over a different duty |
|
90-5
Failure To Report Information Affecting...
|
Safety Obligation | Confidentiality Obligation | The prevailing type here also prevails there, over a different duty |
|
92-6
Public Welfare - Hazardous Waste
|
Safety Obligation | Faithful Agent Obligation | The prevailing type here also prevails there, over a different duty |
|
96-8
Peer Review - Confidentiality Agreements
|
Safety Obligation | Confidentiality Obligation | The prevailing type here also prevails there, over a different duty |
Closest instance-level matches, ranked on the specific obligations and contexts of this case:
| Case | Obligation that prevailed | Yielding obligation | Context (defeasibleUnder) |
|---|---|---|---|
|
89-7
Duty To Report Safety Violations
|
Engineer A Safety Precedence Duty | Engineer A Confidentiality Duty | Code Exception Disclosure Release |